UNION COUNTY — A union president who also is an investigator for the Union County Prosecutor’s Office says his First Amendment rights were violated when he was suspended for his e-mail criticizing his employer.

Stephen McGuire is suing the prosecutor’s office, arguing he wrote the e-mail message in his capacity as president of the PBA Local 250, which represents county investigators. He says the punishment infringed on his First Amendment rights.

But the prosecutor’s office maintains it violated the office’s "Standard of Conduct," specifically demonstrating insubordination and a lack of loyalty or responsibility, according to court documents.

The case is scheduled for trial June 12 in federal court in Newark. A motion by the prosecutor’s office to have the case dismissed was rejected this week when U.S. District Judge Faith Hochberg ruled the case, which hinges on whether McGuire’s e-mail message was protected speech, should go forward.

The e-mail message in question was sent from McGuire’s work address to all members of the union in November 2010, with the subject heading "Message from the PBA President."

The three-page message announced the union had won an arbitration award relating to fuel reimbursement and outlined the arbitrator’s findings along with McGuire’s commentary.

McGuire told members: "Take care of yourselves and each other. We all know that this administration is not beyond any retaliation, threats or intimidation. None of those work unless any of you let them work. We are ready to react and respond to the worst, we always have been ready and always will be ready."

"A leader says ‘Let’s go.’ Leadership by example, Brother Clay. If your people are doing something or being held to a standard, then you should be too. Period. Stand with your people. Be an example. Stop worrying about whether or not what you say is gonna aggravate the Prosecutor or put a smile on his face."

After reading the message, Clay took it to Robert Buccino, chief of detectives for the office, who said he was "appalled" by certain language and that it was "disloyal or disrespectful to the administration" and could be disruptive to the office, according to documents. McGuire then was given a five-day suspension in February 2011.

In his suit, McGuire seeks a dismissal of the disciplinary charges, reimbursement for loss of pay and compensatory damages for humiliation and harm to his reputation.

Kathryn Hatfield, attorney for the prosecutor’s office, said the suspension in no way infringed on free speech rights because what he did wasn’t protected.

"You can’t put on your PBA hat and just say whatever you want. Not all speech is protected," she said. "It’s a paramilitary organization, and there are different standards."